Francis was appointed Senior Counsel in January 2009 and is Regional Head, Disputes Practices of the firm. He practices in the areas of international and treaty arbitration and cross-border commercial litigation.

He is actively involved in cross-border commercial disputes in the areas of banking, property, financial and investment related claims. He is currently acting for an Australian energy entity in a very substantial dispute against an Indonesian conglomerate, being the first case to be heard before the Singapore International Commercial Court.

He also specialises in aviation law and advised in the class-action suit resulting from the crash of the SilkAir flight in Indonesia (1997) and the Taiwan SIA crash (2000).

Francis is recognised as a leading lawyer by AsiaLaw Profiles (2017, 2018); The Legal 500 Asia Pacific (2014-2018); Chambers Global (2016-2018); Chambers Asia Pacific (2016-2018); Who’s Who Legal (Labour and Employment) (2016, 2018); Best Lawyers International (2015-2017); Global Arbitration Review (2010); Asialaw Leading Lawyers (2009); Best Litigation Lawyers in Singapore (2013) and as a leading employment lawyer - Chambers Asia Pacific (2014). Francis was recently recognised by Asia Business Law Journal 2018 as Singapore’s top 100 lawyers and is the winner of a Business Excellence Awards (2019) issued by Corporate Insider, the Gateway to the World of Business.

Experience

He is currently sitting as party-nominated arbitrator of a Mauritius entity in a bilateral investment treaty (ICSID) dispute with the Government of India. He is presently assisting several Asian governments in setting up their international arbitration framework.

He is a Chartered Arbitrator and the immediate Past Chairman of the Singapore branch of the Chartered Institute of Arbitrators (UK). He is also President-Elect of the Inter-Pacific Bar Association.

He is the General Editor of two major publications - “Civil Litigation in Singapore” (Sweet & Maxwell, 2017) and “Arbitration in Singapore: A Practical Guide” (2nd Edition, Sweet & Maxwell, 2018). He is a member of the Rules Committee, Singapore Academy of Law.

He has been appointed to the Singapore Appeal Advisory Panels (constituted under the Business Trusts Act, Financial Advisers Act, Insurance Act, Securities and Futures Act and Trust Companies Act) by Deputy PM Tharman Shanmugaratnam for a 2-year term (1 October 2017 to 30 September 2019).’

Notable Cases & Transactions

Significant Ongoing Cases (Sampling only)

BCBC Singapore Pte Ltd vs White Energy Company Limited (Australia) (SICC No. 1 of 2015) – counsel for the Claimant in the first case heard before the Singapore International Commercial Court. Representing BCBC Singapore Pte Ltd, Binderless Coal Briquetting Company Pty Limited, and White Energy Company Ltd before the Singapore High Court in an ongoing cross-border international dispute against PT Bayan Resources TBK and Bayan International Pte Ltd arising out of failed a joint venture relating to the processing and upgrading of coal in Indonesia. The claim value is in excess of S$1 billion.

Sanum Investments Limited v St Group Co. Ltd and others (OS 890 of 2016). An application to set aside an arbitration award for sums in excess of US$200 million dated 22 August 2016 made in SIAC Arbitration No. 184 of 2015. Acting as counsel for the Applicants (a large diversified group in Laos PDR). Due to be heard before the Court of Appeal in 2019.

Acting for subsidiaries of an Indian public-listed company in several related court cases against former senior employees relating to a claim in conspiracy that occured in respect of Indonesian mining interests valued at about US$1.44 billion.

Acting for an Australian public-listed company and its subsidiaries in a US$190 million claim against their counterparts for breaches of agreements involving the purchase and management of casinos in Indo-China.

Acting as counsel in an arbitration between an Indian infrastructure development company and a construction company organised under the laws of the United Arab Emirates. The dispute relates to a subcontract for the construction and development of process platforms.

Esben Finance Limited and others v Neil Wong Hou-Lianq (SIC/S 6/2018): Defending a claim involving alleged wrongful payments involving substantial sums paid out by BVI and Liberian companies. The dispute has just been transferred to and is due to be heard in the Singapore International Commercial Court.

Assisting foreign parties on an ICC arbitration seated in Singapore. Involved in the issuance of expert opinions on Singapore law and matters of procedural law. Also acting in an application for Norwich Pharmacal discovery relief against a third party in Singapore arising out of allegations of fraud relating to the arbitration.

Chairman, Junior College Law Conference Organising Committee, Singapore Academy of Law (since 2009).

Publications / Articles

A. Articles

Co-author, article on “When is recourse available to the Singapore Courts for an anti-arbitration injunction?” published on 30 September 2015 Expert Guides, Thought leadership From Experts.

Co-author, article on "The Issue of Extra-Territoriality in Securities Litigation: A Comparative View’"published in 2011 Bloomberg Finance L.P. in the Vol. 4, No. 6 edition of the Bloomberg Law Reports – Asia Pacific.

Co-author, article on "The Rome Convention Dealing with Damages Caused By Foreign Aircraft to Third Parties" published in Rajah & Tann’s Lawlines, (Volume 9, Issue 2), June 2007.

Author, article on "The Impact of Free Trade Agreements on Labour Mobility", published in the Law Gazette, December 2006.

Career Accolades

Named as Singapore’s top 100 lawyers by Asia Business Law Journal (17 September 2018)- “John Fellas, a partner at Hughes Hubbard & Reed in the US, has this to say about Francis Xavier, senior counsel at Rajah & Tann in Singapore: “I have worked directly with Francis and he is a brilliant strategist in international litigation.”

Named as Dispute Resolution Star for Commercial Disputes International in Leading Lawyers in Benchmark Litigation Asia Pacific (2018)

Rajah & Tann acts for clients such as Hewlett – Packard and Procter & Gamble. The sizable team includes Francis Xavier SC, who heads the contentious side of the practice, and Desmond Wee, who leads in non-contentious work.- The Legal 500 Asia Pacific (2018)

“Market-leading lawyer Francis Xavier, regional leader of the dispute resolution Practice, is defending several majority shareholders of Samwoh, a construction and infrastructure company, against minority shareholders in an important minority oppression case.”- AsiaLaw Profiles (2018)

“Francis Xavier SC handles a range of commercial disputes, regularly instructed to appear on banking, real estate and financial cases. Peers acknowledged him as ‘a good lawyer who is well liked by clients’.”- Chambers Asia Pacific (2017)

“Head of the regional disputes practice, Francis Xavier SC is recognised as an "excellent lawyer." He recently represented the original claimants in an Indonesian coal upgrading plant dispute with multi-jurisdictional elements, including concurrent Australian litigation”. - Chambers Asia Pacific (2015)

“Francis Xavier SC heads the dispute resolution team and is particularly well honed where banking and finance matters are concerned. He recently acted for Standard Chartered Bank, defending it against claims of alleged misrepresentation brought by customers whose money had been invested in funds associated with disgraced financier Bernie Madoff. Clients extol him as "savvy, charismatic and a superb problem solver. He understands the roots of problems, sees our objectives and figures out a way to reach them". - Chambers Asia Pacific (2014)

"Head of the dispute practice Francis Xavier SC focuses on issues arising in the corporate, banking and finance, investment and property spheres and is praised by clients for his "excellent relationship with the bench." He recently acted for White Energy and its subsidiary BCBC Singapore in a dispute with Bayan Resources and Bayan International, relating to a joint venture for processing coal in Indonesia”. - Chambers Global (2014)

[Rajah & Tann Singapore LLP] - “a ‘high level of expertise’, and is noted for its ‘depth and work ethic’. Its very busy practice acts not only for a range of multinationals, but also across sectors from shipping to telecommunications. Andre Yeap SC leads the department and Francis Xavier SC ‘speaks with authority’.”- The Legal 500 Asia Pacific (2014)

With a ‘responsive’ and ‘pragmatic’ team, Rajah & Tann LLP is billed as ‘second to none’ for insolvency and dispute advisory work. Andre Yeap SC acted for the provisional liquidators of MF Global in a sanction by the High Court for the interim distribution of $350m of customers’ funds. Leading figure Eng Beng Lee SC has experience in judicial reviews. Francis Xavier SC heads the team.- The Legal 500 Asia Pacific (2013)

“Francis Xavier SC heads the litigation department and is highly thought of among Singaporean advocates. "He is honest, frank, very energetic, listens carefully, grasps things quickly and has a remarkable intellect and sense of logic," interviewees say. In a recent high-profile case he successfully argued for the appellant, Holcim (Singapore), on a commercial contract dispute”. - Chambers Global (2013)

‘Key individual Francis Xavier is a prominent and talented member of the group. He led on the team’s representation of Holcim in one of the many disputes arising out of the Indonesian sand ban of 2007’.- Chambers Asia Pacific Guide (2012)

Rajah & Tann, the other law to share the award for international arbitration law firm of the year with Allen & Gledhill, was also said to possess a ‘brilliant and commercially savvy team.’ Impressive partner and senior counsel, Francis Xavier impressed international and domestic clients alike with his dedication, quick turn-around times and excellent communication skills.”- Asian Legal Business ISSUE 11.08

“Practice head Francis Xavier acted for Holcim in an appeal against the High Court decision relating to the 2007 Indonesian Sand Ban”.- The Legal 500 Asia Pacific (2012) – Leading Individuals in Dispute Resolution

“Francis Xavier is a prominent and talented member of the group. He led on the team's representation of Holcim in one of the many disputes arising out of the Indonesian sand ban of 2007”.- Chambers Global (2012)

“Francis Xavier is a prominent and talented member of the group. He led on the team's representation of Holcim in one of the many disputes arising out of the Indonesian sand ban of 2007”.- Chambers Asia Pacific (2011)

“Francis Xavier SC "comes up with clever arguments and is well liked by the courts," revealed sources. He is particularly skilled in corporate disputes, particularly banking and investment cases”.- Chambers Asia Pacific (2011)

Cited as key practitioner in labour and employment.- AsiaLaw Leading Lawyers (2009)

Cited as a key practitioner in dispute resolution.- AsiaLaw and Practice Profiles (2007)

‘VK Rajah SC left Rajah & Tann to take the position as Judicial Commissioner of the High Court of Singapore in 2004. However, the continued presence of Francis Xavier, skilled in fraud and aviation matters, and Chandra Mohan, a contracts expert, means the firm retains litigators of commensurate aptitude’.- The Legal 500 Asia Pacific (2004/2005)

‘Rajah & Tann acted for the Boeing Company in a class action suit taken out by the estates and dependent of the victims of the crash of Silk Air flight in Indonesia in 1997. Other highlights include advising on a case concerning banking secrecy in Singapore. The firm also acted on numerous cross-border disputes in Asia.Francis Xavier is also building an excellent name for quick and clear advice in litigation matters’.- The Legal 500 Asia Pacific (2003/2004)

‘Rajah & Tann has a strong focus on debt restructuring and insolvency cases. Head of practice VK Rajah SC, Francis Xavier and Chong Boon Leong are all experienced. Highlights include advising a major oil producer on the enforcement of a US$260 million arbitration award, and an ongoing dispute between two listed electronics companies in Singapore in relation to misuse of trade secrets and breach of fiduciary duty’.- The Legal 500 Asia Pacific (2002/2003 Edition)